General Visitor

Gerald has advanced dementia and the enduring power of attorney he previously made, appointing his niece Liz as attorney for all property and affairs decisions, has come into effect.

After coming into effect, Liz made the decision to sell Gerald’s house. Gerald was happy with this decision because he understood that the money from the sale of the house would pay for a small apartment in the centre of the community and his private home care fees. Gerald has lived in the apartment for two years and is very happy there, although his dementia has progressed.

The Decision Support Service receives a complaint from the home care company that provides services to Gerald that Gerald’s fees, which Liz is responsible for paying, are in arrears of €6,000. The Decision Support Service assigns a general visitor to visit Gerald and Liz as part of the investigation of this complaint. In addition, the general visitor is directed to obtain copies of bank statements and relevant bills including those from the home care company.

The general visitor asks the home care company for copies of the unpaid bills and then visits Gerald at home. During her visit, Gerald tells her that his television and internet have been cut off. She obtains copies of Gerald’s bank statements which show that Gerald has enough money in his account to pay the fees and the bills, but that the direct debit to the home care company was cancelled six months ago. The general visitor notices that four large withdrawals have been made over the last few months, totalling €40,000. Gerald tells the general visitor that he doesn’t know anything about these withdrawals.

The general visitor asks Gerald if Liz comes to visit and learns that she has not come to the apartment in almost a year, although she occasionally rings to see if he wants anything in particular delivered in the online shopping that she orders for him every week.

The general visitor then attempts to visit Liz but despite several attempts to do so, is unsuccessful.

The general visitor submits her report, which includes all the information she has gathered, to the Decision Support Service who will review it and take further action as required.

Comment: This vignette highlights a situation where the Decision Support Service asks a general visitor to assist them in the performance of their functions. This example shows an investigation being carried out based on a complaint received by the Decision Support Service about a decision-making supporter acting outside the scope of their functions under a registered enduring power of attorney.